The Company of Proprietors of the Grand Union Canal v Ashby
| Jurisdiction | England & Wales |
| Judgment Date | 12 January 1861 |
| Date | 12 January 1861 |
| Court | Exchequer |
English Reports Citation: 158 E.R. 162
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 30 L J Ex 203, 3 L T 673
[394] the company of proprietors of the grand union canal a ashby. Jan. 12, 1861.-The 87th section of the 50 G-eo. 3, c cxxn , which incorporated certain persons for the purpose of makrng a canal, enacts that the lord of every manor through which the canal, collateral cut, and reservorrs shall be made, " shall have and be entitled to the right of fishery of and in so much of the said canal, cut and reservoirs as shall be made in, over, 01 through the common or waste lauds within his manor, and over or through any othei lands or grounds, in the waters whereof such lord now hath the right of fishery, and that the owner of any other lands through which the said canal and collateral cut shall be made, shall also have arid be entitled to the like right of fishery of and in so much of the said canal or collateral cut as shall be made in, over, or through his lands " -Held First, that "commons or waste lands" meant commonable lands, the ownershrp of the soil of which was in the lord of the manor, and not open fields over whieh certain persons had rights in se\ eralty -Secondly, that the right of the lord, as owner of the land through which the canal was made, was limited to fishing in the canal and collateral cut, excluding the reservoir. [S C 30 L J Ex 203 , 3 L T G73 ] This was an action of trespass for breaking and entering a close of the plaintiffs, called "Naseby," in the county of Nottingham. By consent of the patties and order of the Court the following case was stated for the opinion of this Court - The plaintiffs are owners of the Grand Union Canal and the Naseby Ke&eivoir, by an act of parliament made in the 50 Geo 3 (c cxxu ), intituled "An Act for making and maintaining a navigable canal from the Union Canal in the parish of Crumley in the county of Leicester, to join the Grand Junction Canal near Long Buckby in the county of Northampton, and for making a collateral cut from the said intended canal '' By the Act the plaintiffs were empowered to purchase land for making the canal and icsarvoir and using the same for that purpose It contains the following clauses lelative to the purchase of common or waste land Section 21 "And be it further enacted, that in all cases where there shall be occasion to cut through, take, or use part of any common or waste ground for the 6H.&N. 395 THE GRAND UNION CANAL COMPANY V. ASHBV 163 purposes of this Act, the conveyance thereof by the lord or lady of the manor wherein the same shall be situate shall be a good and sufficient conveyance to the said Company of Propnetora, for the purpose of vesting in them the fee simple and [395] inheritance thereof, as fully and effectually as if every person having right of common upon such common or waste ground had joined in and executed such conveyance , and that the compensation to be paid for any light of common upon any such commons or waste ground ae aforesaid shall be paid by the said Company of Proprietors to the churchwardens of the respective parishes wheiein such commons or waste grounds shall lie, and shall be by such churchwardens received and applied for such general or public purposes within such parishes respectively as a vestiy of every such parish, to be convened by such churchwardens for that purpose, shall direct, anything in this Act to the contrary thereof notwithstanding." The Act also contains the following clause relative to the rights of fishery and shooting. Section 87. "Provided always and be it further enacted, That the lord and lords, lady and ladies of all and every the manor and manors through which the said canal, collateral cut, and reservoirs thereto belonging, or any of them, shall be made shall have and be entitled to the right of fishery of and in so much of the said canal, cut, and reservoirs as shall be made in, over, or through the common or waste lands within his, her, or their manors respectively, and over or through any other laads or grounds in the waters whereof such lord or lords, lady or ladies now hath or have, or is or are entitled to the right of fishery , and that the owner or owners of any other lands or grounds...
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Cornwell, Appellant, Sanders, Respondent
...Ditton and Horningsea, and not in Clement Francis, as lord of the manor, and that, according to The Grand Union Canal Company v. Adiby (6 H. & N. 394), the right of soil not being iu the lord of the manor, the Act of Parliament did not give him the game, or make him legal occupier. Secondly......
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Kilsyth Fish Protection Association v McFarlane
...Eastern Railway Co.ELR, (1880) 5 App. Cas. 473; D. & J. Nicol v. Dundee Harbour TrusteesELR, 1915 S. C. (H. L.) 7, [1915] A. C. 550. 17 6 H. & N. 394. 18 5 R. (H. L.) 192, at p. 202, 3 App. Cas. 19 4 E. & B. 798. ...
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Common and Pasture
...80 acres. There was a long-standing practice of 35 The Company of Proprietors of the Grand Union Canal v Ashby (1861) 6 Hurl & Norm 394, 158 ER 162; Cheesman v Hardham (1818) 1 B & A 706, 106 ER 260. 36 For example 6 & 7 Will 4 c 115 Inclosure of Open and Arable Fields in England and Wales ......
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Table of Cases
...[2002] All ER (D) 235 (Dec), [2003] 2 P & CR 3 6.5, 9.2 Company of Proprietors of the Grand Union Canal v Ashby (1861) 6 Hurl and Norm 394, 158 ER 162 10.5 Consett Industrial and Provident Society Ltd v Consett Iron Co Ltd [1922] 2 Ch 135, 91 LJ Ch 630, 127 LT 383 11.6 Consett Waterworks Co......